Understanding an I-9 Audit
The U.S. Immigration and Customs Enforcement (ICE) ensures employees are authorized to work in the U.S. The Immigration Reform and Control Act (IRCA) of 1986 requires employers to verify identity and work eligibility via Form I-9. An I-9 audit reviews these forms to ensure compliance, helping avoid ICE audits and penalties. EMP Trust’s solutions streamline this process, creating a secure audit trail.
Steps to Perform an I-9 Audit
Follow these steps to conduct an effective I-9 audit:
Step 1: Compile a List of Employees Since November 6, 1986
List all employees hired since the IRCA’s enactment, noting Form I-9 completion status.
Step 2: Gather All I-9 Forms
Collect I-9s for current employees, those hired since 1986, and terminated employees within three years. Use EMP Trust’s digital platform for secure storage and access. Contact employees for missing forms.
Step 3: Review I-9 Forms
Audit all three sections of each I-9 for accuracy using EMP Trust’s error-detection tools. Verify employee and employer details, including work authorization documents.
Step 4: Correct Errors
Fix errors electronically with EMP Trust or attach notes to paper forms, following USCIS guidelines. Initial and date corrections to maintain a compliant audit log.
Step 5: Finalize the Audit
Organize forms, document the audit process, and store logs in EMP Trust’s platform for future reference and ICE audits.
I-9 Audit Checklist
Section 1: Employee Information
Name, address, date of birth, Social Security number
Immigration status, signature, and date
Translator/preparer details (if applicable)
Completed by first day of work
Section 2: Employer Verification
Valid List A or B/C documents
Complete document details
Employment start date, business info, and representative signature
Completed within three business days
Section 3: Reverification/Rehires
Updated for expired authorizations, rehires, or name changes
Common I-9 Audit Mistakes
Late or incomplete forms
Incorrect documentation
Accepting invalid IDs
Poor record storage
Missing signatures/dates
Untrained staff handling I-9s
Good-Faith Practices:
Create an I-9 SOP manual
Conduct annual audits with EMP Trust
Train staff yearly on I-9 processes
I-9 FAQs
What’s Needed for an I-9 Audit?
Employee data since 1986 (names, IDs, start/end dates)
All I-9 forms (current and terminated)
EMP Trust for verification
How Often Do Audits Occur?
ICE audits are unscheduled but may follow complaints or data triggers.
Is I-9 Verification Mandatory?
Yes, required for all employees under IRCA, with fines for noncompliance.
How Long Does I-9 Processing Take?
Complete Section 1 on hire date, Section 2 within three days, with document verification.
What Happens If You Fail an Audit?
Fines ($272–$27,018 per violation), criminal penalties, or business suspension.
Does I-9 Include Background Checks?
No, I-9 verifies work eligibility only.
Can Someone Work Without an I-9?
No, except independent contractors.
Is Skipping I-9 Illegal?
Yes, risking fines and reputational damage.
How to Report Violations?
Employers: 888-897-7781, [email protected]
Employees: 800-255-7688, [email protected]
Streamline compliance with EMP Trust’s I-9 and E-Verify solutions. Schedule a demo!
